§3-12-20, and
§3-12-21,relating generally to providing a pilot project for
the public funding of election campaigns for two senate
districts and three single member delegate districts; setting
forth as short title and certain legislative findings and
declarations; defining terms; specifying that the provisions
of the act are applicable to candidates for seats in the
Legislature, specifically two senate districts and three
single member delegate districts; establishing a public
campaign financing fund and sources of revenue for the fund;
requiring an applicant for public campaign funding to complete
a declaration of intent and setting forth the manner in which application for funding may be made; setting forth eligibility
criteria for qualifying party and independent candidates;
allowing participating candidates to raise from private
sources and spend seed money contributions; requiring
candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring participating
candidates to comply with all provisions of the act; requiring
the State Election Commission to certify eligible candidates
and setting forth the procedure for certification; providing
that qualified candidates shall receive funding for election
campaigns from the public campaign financing fund; specifying
the amount of funds available for each office and when such
funds become available; setting forth restrictions on
participating candidates' contributions and spending;
prohibiting participating candidates from accepting private
contributions other than as specifically set forth in the act;
prohibiting the use of personal funds for certain purposes;
requiring certain disclosures; setting forth provisions in the
event of insufficient public funds; requiring candidates to
keep records and report to the State Election Commission;
providing for matching public campaign funds when an opponent
spends in excess of the participating candidate's spending
limits; setting forth certain duties of the State Election
Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by
candidates; providing both civil and criminal penalties for
violations of the act; establishing the West Virginia
Citizens' Publicly Financed Elections Commission and setting
forth it's duties; and setting forth an effective date and
termination of the pilot project. Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §3-12-1, §3-12-2,
§3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9,
§3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15,
§3-12-16, §3-12-17, §3-12-18, §3-12-19, §3-12-20, and §3-12-21, to
read as follows:ARTICLE 12. WEST VIRGINIA PUBLIC CAMPAIGN FINANCING PILOT PROJECT.
§3-12-1. Short title.
This article shall be known as the "West Virginia Public
Campaign Financing Pilot Project Act".§3-12-2. Legislative findings and declarations.The Legislature hereby finds and declares that current
election finance laws:
(1) Can place elected officials in the position of spending
their time raising funds instead of representing the public;
(2) Cost the taxpayers millions of dollars in the form of
subsidies and special privileges granted to large campaign contributors;
(3) Allow elected officials to accept large campaign
contributions from private interests when they may have statutory
or regulatory power over those interests;
(4) Give incumbents an unfair advantage over challengers;
(5) Hinder reasonable communication with potential voters by
qualified candidates not supported by large private campaign
contributions;
(6) Effectively suppress the voices and influence of the
majority of West Virginia citizens in favor of a small number of
wealthy special interests;
(7) Undermine public confidence in the integrity of public
officials;
(8) Drive up the cost of campaigning for office and discourage
otherwise qualified candidates who lack personal wealth or access
to special interest funding; and
(9) Currently, the States of Maine and Arizona, have
instituted public campaign funding programs that provide qualified
candidates with full funding. Programs in both states have been
successful and have seen increasing candidate participation by both
Republicans and Democrats.Therefore, the creation of a public campaign financing system
will make great strides in improving the integrity of elections in
this state by diminishing the influence of special interest contributions and encouraging more citizens to participate in the
political process.§3-12-3. Definitions.Unless the context clearly requires a different meaning, as
herein used:
(1) "Certified Candidate" means an individual seeking election
to the West Virginia State Senate or the House of Delegates who
chooses to seek such office pursuant to the provisions of the "West
Virginia Public Campaign Financing Pilot Project" and is certified
as a West Virginia Public Campaign Financing Pilot Project
candidate pursuant to section eleven of this article.
(2) "Clearly identified" means that-
(A) the name or nickname of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by an
unambiguous reference to the person or the person's status as a
candidate.
(3) "Commission" means the State Election Commission created
pursuant to the provisions of article one-a of this chapter.
(4) "Contribution" means a gift subscription, assessment,
payment for services, dues, advance, donation, pledge, contract,
agreement, forbearance or promise of money or other tangible thing
of value, whether or not conditional or legally enforceable, or a
transfer of money or other tangible thing of value to a person, made for the purpose of influencing the nomination, election or
defeat of a candidate.
(A) An offer or tender of a contribution is not a contribution
if expressly and unconditionally rejected or returned.
(B) A contribution does not include volunteer personal
services provided without compensation or services or property
provided to an elected official by the state or a political
subdivision to defray the costs of meeting or communicating with
constituents while the official is performing the duties of his or
her office.
(5) "Excess expenditure" means an amount of money spent or
obligated to be spent to influence the nomination or election of a
nonparticipating candidate or the defeat of a participating
candidate in excess of the public campaign financing funds
available to a participating candidate running for the same office
pursuant to this article.
(6) "Fund" means the Public Campaign Financing Fund created by
section five of this article.
(7) "General election campaign period" means the period
beginning the day after the primary election and ending on the day
of the general election in that election year.
(8) "Independent candidate" means a candidate on the ballot
who does not represent a political party.
(9) "Independent expenditure" means an expenditure made by a person or entity other than a candidate or his or her committee for
a communication which expressly advocates the nomination, election
or defeat of a clearly identified candidate but which is made
independently of a candidate's campaign and which has not been made
with the cooperation or consent of, or in consultation with, or at
the request or suggestion of, the candidate or any of his or her
agents or authorized committees. An expenditure which does not
meet the criteria for independence established in this subsection
is considered a contribution.
(10) "Nonparticipating candidate" means:
(A) a candidate seeking election to the State Senate or House
of Delegates from a district selected to participate in the pilot
project pursuant to section seven of this article;
(B) is not certified as a West Virginia Public Campaign
Financing Pilot Project candidate pursuant to section eleven of
this article; and
(C) has an opponent who is a participating candidate.(11) "Party candidate" means a candidate who represents a
political party that has been granted ballot status.
(12) "Participating candidate" means a candidate seeking
election to the Senate or House of Delegates from a district
selected to participate in the pilot project who chooses to seek
such office pursuant to the provisions of this article and is
certified as a West Virginia Public Campaign Financing candidate pursuant to section ten of this article.
(13) "Primary election campaign period" means the period
beginning on the first day of the primary election filing period
and ending on the day of the subsequent primary election.
(14) "Private contribution" means a contribution from any
nonpublic source except:
(A) Payments by a membership organization for the cost of
communicating to its members;
(B) Payments by a membership organization for the purpose of
facilitating the making of qualifying contributions;
(C) Volunteer activity, including the payment of incidental
expenses by volunteers; and
(D) Voter registration and get-out-the-vote activities
conducted by nonpartisan individuals and organizations or which are
not intended to influence the election or defeat of a particular
candidate.
(15) "Qualifying contribution" means a contribution of five
dollars in the form of a check or money order, made payable to a
candidate or the candidate's committee, received during the
qualifying period, and which is
(A) made by a registered voter and resident of the district in
which the candidate is seeking office;
(B) acknowledged by a written receipt; and
(C) gathered by the candidate or on behalf of the candidate by an unpaid volunteer with the candidate's knowledge and consent.(16) "Qualifying period" means the period during which
candidates are permitted to collect qualifying contributions in
order to qualify to receive public campaign financing.
(A) For party candidates for the State Senate or House of
Delegates, the qualifying period begins on the first day of
February of the election year and ends on the fifteenth day of
April of the election year.
(B) For independent candidates and party candidates for the
State Senate or House of Delegates seeking to be placed on the
general election ballot pursuant to the provisions of section
twenty-three and twenty-four, article five of this chapter, the
qualifying period begins on the first day of May of the election
year and ends on the first day of September of the election year.
(17) "Seed money contribution" means a contribution of no more
than one hundred dollars made by an individual adult during the
seed money period.
(18) "Seed money period" means the period during which a
candidate seeking campaign financing from the fund is permitted to
raise and spend seed money contributions in order to explore his or
her chances of election and to qualify for public campaign
financing under this article. The seed money period begins on the
day after the most recent general election and ends on the last day
of the qualifying period in the next election year in which a candidate is running for the office.
(19) "WVCPFEC" means the West Virginia Citizens' Publicly
Financed Elections Commission.§3-12-4. Alternative campaign financing option.This article establishes a pilot project for the public
financing of selected campaigns for candidates seeking election to
the State Senate from two legislative districts and candidates
seeking election to the House of Delegates from three legislative
districts in the year two thousand six. The pilot project shall be
open to certified candidates for those offices nominated directly
by petition. Candidates participating in this pilot project shall
comply with all other applicable election and campaign laws and
regulations.§3-12-5. Public campaign financing fund, nature and purposes of
the fund. There is hereby established a special account in the state
treasury to be known as the "Public Campaign Financing Fund" for
the purpose of providing public financing for the election
campaigns of certified participating candidates pursuant to this
article and paying the administrative and enforcement costs of the
Commission related to this article. All moneys collected under the
provisions of this article shall be deposited in the fund, which
shall be administered by the Commission. Expenditures from the
fund shall be for the purposes set forth in this article and, except for voluntary contributions made directly to the fund, are
not authorized from collection, but are to be made only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions of article two, chapter
five-a of this code: Provided, That for the fiscal year ending the
thirtieth day of June, two thousand six, expenditures are
authorized from collections rather than pursuant to appropriation
by the Legislature.§3-12-6. Sources of revenue for the fund.Revenue from the following sources shall be deposited in the
fund:
(1) All qualifying contributions collected by participating
candidates or their committees;
(2) Unspent or uncommitted seed money contributions;
(3) Refunds from participating candidates who fail to comply
with the provisions of this article;
(4) Refunds of unspent moneys allotted to qualified candidates
and remaining unspent on the date of the primary or general
election for which the money was distributed;
(5) Civil penalties levied by the Commission against
candidates for violations of this article;
(6) Voluntary donations made directly to the fund;
(7) Interest income; and
(8) Money appropriated to the fund.§3-12-7. Selection of participating districts
(a) The legislative districts participating in the West
Virginia Public Campaign Financing Pilot Project shall include two
senatorial districts and three single member delegate districts.
The participating districts shall be selected by the Commission on
or before the first day of February, two thousand six, and
immediately thereafter published in the state register.
(b) Participating legislative districts shall be selected
first, from any senate or single member delegate districts in which
the incumbent representing the district notifies the Commission of
his or her intent to volunteer their seat for participation in the
pilot project. If the selection of additional districts is
necessary, the Commission shall select for participation any senate
or single member delegate district represented by an incumbent
state senator or delegate who elects not file for reelection to
their current office: Provided, That in the event the number of
districts with open seats exceeds the number of districts provided
by this section for participation in the pilot project, the
participating districts shall be designated by lot in such a manner
as the Commission considers appropriate.§3-12-8. Declaration of intent; application for funds by
successful, independent and minor party candidates
after primary election.
(a) Upon selection of the legislative districts to participate
in the pilot project pursuant to section seven of this article,
each candidate desiring to participate in the West Virginia Public
Campaign Financing Pilot Project shall:
(1) sign and file a declaration of intent to seek
certification as a participating candidate and to comply with the
requirements of this article and it shall be filed with the
Commission before the end of the qualifying period and before
collection of any qualifying contributions. The declaration shall
be on a form prescribed by the Commission.
(2) submit a declaration of intent prior to accepting
qualifying contributions under section ten of this article.
Contributions made prior to the filing of the declaration of intent
are not qualifying contributions; and
(3) (A) suspend, for the time the person is attempting to
qualify as a participating or certified candidate, all access the
candidate or any member of the candidate committee has to the funds
of the candidate committee of that candidate, including those that
the candidate has as part of a joint candidates committee, which
have been raised prior to selection, except as provided in
subsection (b); and
(B) certify on a form to be developed by the Commission that
he or she will not seek to use such funds in any way that would
assist the candidate once certified as a West Virginia Public Campaign Financing Pilot Project candidate.
(b) A participating candidate may use funds raised and
reported to the Commission pursuant to section five-e, article
eight of this chapter prior to becoming such a candidate as the
seed money required of a participating candidate, but only to the
extent that such money can be attributable to contributions of one
hundred dollars or less from individuals.
§3-12-9. Seed money.(a) A candidate or his or her committee desiring to qualify
for campaign financing from the fund may not accept seed money in
contributions exceeding, in the aggregate:
(1) Two thousand five hundred dollars for a candidate for
State Senate; and
(2) One thousand dollars for a candidate for House of
Delegates.
(b) Every seed money contribution must be acknowledged by a
written receipt. Receipts for seed money contributions of
twenty-five dollars or more shall include the contributor's
signature, printed name, street address and zip code, telephone
number, occupation, and name of employer. Receipts for seed money
contributions of less than twenty-five dollars may contain only the
contributor's signature, printed name, and address. Contributions
which are not acknowledged by a proper receipt do not qualify as
seed money contributions.
(c) A contribution from one person may not be made in the name
of another person.
(d) A participating candidate or his or her committee shall
forward all unspent or uncommitted seed money remaining at the end
of the seed money period to the Commission for deposit in the fund. §3-12-10. Qualifying contributions.(a) No candidate attempting to qualify for campaign financing
from the fund or his or her committee may accept more than one
qualifying contribution from a single individual.
(b) Every qualifying contribution must be acknowledged by a
written receipt which includes:
(1) the printed name of the candidate on whose behalf the
contribution is made and the signature of the person who collected
the contribution for the candidate or his or her committee;
(2) the contributor's signature and printed name, home
address, and telephone number;
(3) a statement near the contributor's signature that:
(A) the contributor understands the purpose of the
contribution is to assist the candidate in obtaining public
campaign financing;
(B) the contribution was made without coercion;
(C) the contributor has not been reimbursed or received
anything of value for making the contribution; and
(D) the individual soliciting the contribution on behalf of the candidate has not been reimbursed or received anything of value
for such services.
One copy of the receipt is to be given to the contributor, one
copy is to be retained by the candidate and one copy is to be sent
by the candidate to the Commission. A contribution which is not
acknowledged by a written receipt in the form required by this
subsection is not a qualifying contribution.
(c) During the qualifying period, a candidate attempting to
qualify as a participating candidate or his or her committee must
obtain at least the following number of qualifying contributions
for the office he or she is seeking:
(1) For state senate in the eighth or seventeenth districts -
three hundred and fifty;
(2) For state senate in all other districts - two hundred; and
(3) For house of delegates in a single member district -
seventy-five.
(d) A candidate attempting qualify as a participating
candidate and each member of the candidate's immediate family who
is a registered voter and resident of the district in which the
candidate is seeking office may make one qualifying contribution.
The candidate may not use any other personal funds to satisfy the
qualifying contributions requirements.
(e) A candidate may not give reimbursement or anything of
value in exchange for a qualifying contribution.
(f) All qualifying contributions collected by a participating
candidate or his or her committee must be deposited in the fund by
the end of the qualifying period.§3-12-11. Certification of candidates.
(a) Before a candidate for the offices of State Senate and
House of Delegates may be certified as an participating candidate
and receive a public financing benefit, the candidate shall apply
to the Commission for a public financing benefit and file a sworn
statement that he or she has complied and will comply with all
requirements of this article throughout the applicable campaign.
(b) Upon receipt of a notice that a candidate who desires to
qualify as a participating candidate has received the required
number of qualifying contributions, the Commission shall determine
whether the candidate has complied with all of the following
requirements:
(1) signed and filed a declaration of intent as required by
section eight of this article;
(2) obtained, either personally or through his or her
committee, the required number of qualifying contributions as
required by section ten of this article;
(3) not accepted other contributions, except for seed money
contributions, and otherwise complied with the contribution
restrictions of this article;
(4) in the case of independent or minor party candidates, a certificate of nomination pursuant to sections twenty-three and
twenty-four, article five of this chapter; and
(5) met all other requirements of this article.
(c) The Commission shall process applications for public
financing benefits in the order they are received and shall verify
a candidate's compliance with the requirements of subsection (b) by
such verification and sampling techniques as the Commission
considers appropriate.
(d) The Commission shall determine a candidate's eligibility
to receive a public financing benefit no later than three business
days after the candidate makes his or her final submission of
qualifying contributions or, if a challenge is filed under
subsection (g), no later than six business days after the
candidate makes his or her final submission of qualifying
contributions. Upon certification, a candidate shall transfer to
the fund any unspent seed money contributions. A certified
candidate shall comply with the provisions of this article after
the candidate has been certified through the period of the general
election.(e) If the Commission determines that a candidate is eligible
to receive a public financing benefit pursuant to subsection (c),
the Commission shall immediately issue a check for or transfer to
the candidate's campaign depository account an amount equal to the
initial public financing benefit for which the candidate qualifies and shall notify all other candidates for the same office as the
qualified candidate of its determination.
(f) If the candidate desires to receive public financing
benefits by electronic transfer, the candidate shall include in his
or her application sufficient information and authorization for the
State Treasurer to transfer payments to his or her campaign
depository account.
(g) Any person may challenge the validity of any contribution
listed by a candidate by filing a written challenge with the
Commission setting forth any reason why the contribution should not
be accepted as a qualifying contribution. Within five business days
after the end of the qualifying period, the candidate who listed
any contribution that is the subject of a challenge may file with
the Commission an additional contribution within the total
limitation prescribed under section ten of this article for
consideration as a qualifying contribution. If a contribution is
challenged under this subsection, the Commission shall decide the
validity of the challenge no later than the end of the next
business day after the day that the challenge is filed, unless the
Commission determines that the candidate whose contribution is
challenged has sufficient qualifying contributions to be certified
as an eligible candidate under this section without considering the
challenge.
(h) A candidate's right to receive pubic campaign financing may be revoked by the Commission if the candidate violates any of
the provisions of this article. A candidate who has received
financing under this article and has been found to have violated
the provisions of this article shall repay all sums received from
the fund to the Commission.
(i) The determination of any issue before the Commission is
the final administrative determination. Any person adversely
affected by a decision of the Commission under the provisions of
this article may appeal that decision to the Circuit Court of
Kanawha County.§3-12-12. Schedule and amount of public campaign financing fund
payments.(a) The Commission shall make public campaign financing funds
for the primary election campaign period available to a
participating candidate representing a political party within
forty-eight hours after the date on which the candidate is
certified as a participating candidate.
(1) In a contested primary election, a certified participating
candidate representing a political party may receive campaign
financing from the fund as follows:
(A) State senate (eighth and seventeenth districts) -
thirty-five thousand dollars;
(B) State senate (all other districts) - twenty thousand
dollars;
(C) House of Delegates (single-member district) - seven
thousand five hundred dollars.
(2) In an uncontested primary election, a certified party
candidate may receive campaign financing from the fund equal to no
more than twenty-five percent of the amount allowed for that office
for a contested primary election for that office.
(b) The Commission shall make public campaign financing funds
for the general election campaign period available to a certified
participating candidate within forty-eight hours after the primary
election results are certified. The Commission may require any
candidate to provide proof of his or her eligibility to appear on
the general election ballot.
(1) In a contested general election, a certified participating
candidate, including an independent or minor party candidate who
appears on the ballot pursuant to sections twenty-three and
twenty-four, article five of this chapter, may receive from the
fund the same amount of campaign financing available for a
contested primary election under subdivision (1) of subsection (a)
of this section.
(2) In an uncontested general election, a certified
participating candidate, including an independent or minor party
candidate who appears on the ballot pursuant to sections
twenty-three and twenty-four, article five of this chapter, may
receive from the fund campaign financing equal to ten percent of the amount provided in a contested general election for the same
office.
(c) The Commission may not distribute revenues to certified
candidates in excess of the total amount of money deposited in the
fund pursuant to section six of this article. §3-12-13. Restrictions on contributions and expenditures.(a) A participating candidate or his or her committee may not
accept contributions from any private source, including the
personal funds of the candidate and the candidate's immediate
family, during the primary or general election campaign periods
except as permitted by this article.
(b) After filing the declaration of intent and through the
qualifying period, a participating candidate may spend or obligate
no more than he or she has collected in seed money contributions.
After the qualifying period and through the general election
campaign period, a participating candidate may spend or obligate
only the funds he or she receives from the fund or raises pursuant
to section twelve of this article.
(c) A participating candidate may expend seed money and
campaign financing from the fund only for campaign-related
activities as provided in section nine, article eight, chapter
three of this code. Moneys distributed to a participating candidate
from the fund may be expended only during the campaign period for
which funds were dispersed. Payments may not be used:
(1) In violation of the law;
(2) To repay any personal, family or business loans,
expenditures, or debts; or
(3) To help any other candidate.
(d) A participating candidate or his or her committee must
return to the fund any unspent and uncommitted public campaign
financing funds within forty-eight hours after
(1) the date of the general election;
(2) the date on which the candidate ceases to be certified; or
(3) the date on which the individual ceases to be a candidate.
(e) A contribution from one person may not be made in the name
of another person.
(f) A participating candidate or his or her committee
receiving qualifying contributions or seed money contributions from
a person not listed on the receipt required by sections nine and
ten of this article is liable to the Commission for the entire
amount of that contribution and any applicable penalties.
(e) A participating candidate accepting any benefits under the
provisions of this article shall continue to comply with all of its
provisions throughout the primary and general elections.
(f) A participating candidate or his or her financial agent
shall provide the Commission with all requested campaign records,
including all records of seed money and qualifying contributions
received and campaign expenditures and obligations, and shall fully cooperate with any audit of campaign finances requested or
authorized by the Commission.§3-12-14. Insufficient public funds.
Notwithstanding any other provision of this article to the
contrary, if, at any time during an election period, the Commission
determines that the revenues in the fund are insufficient to
complete the distribution of funds required under sections twelve
or sixteen of this article, the Commission may permit a certified
participating candidate or his or her committee to accept and
expend contributions, aggregating no more one thousand dollars per
contributor, from private sources up to the amount that would have
been distributed to the candidate under section twelve or sixteen
of this article had there been adequate money in the fund. The
Commission shall provide a fair and equitable manner of
distributing those moneys that are in the fund at the time among
the certified participating candidates.

§3-12-15. Reporting requirements.

(a) Within forty-eight hours after the close of the seed money
period, a participating candidate or his or her financial agent
shall report to the Commission on approved forms an itemized
summary of all seed money contributions received and funds expended
or obligated during the seed money period, together with copies of
all receipts for seed money contributions.
(b) Within forty-eight hours after the close of the qualifying period, a participating candidate or his or her financial agent
shall report to the Commission on approved forms an itemized
summary of all contributions received and funds expended or
obligated during the qualifying period.
(c) Within five days after the primary election a
participating candidate or his or her financial agent shall report
to the Commission on approved forms an itemized summary of all
contributions received and funds expended or obligated prior to the
primary election.
(d) Within five days after the general election a
participating candidate or his or her financial agent shall report
to the Commission on approved forms an itemized summary of all
contributions received and funds expended or obligated between the
primary election and the general election.
(e) A nonparticipating candidate or his or her financial agent
shall report to the Commission on approved forms whenever his or
her campaign expenditures or obligations, exceed by one thousand
dollars the maximum funding available under section twelve of this
article to any certified participating candidate running for the
same office. The report shall be filed with the Commission within
forty-eight hours of the expenditure which triggered the reporting
requirement under this subsection. Thereafter, the
nonparticipating candidate or his or her financial agent shall
report to the Commission within forty-eight hours any additional campaign expenditures or obligations aggregating more than one
thousand dollars. During the last twenty days before the primary
or general election, the nonparticipating candidate or his or her
financial agent shall report to the Commission within twenty-four
hours thereof every excess campaign expenditure or obligation of
five hundred dollars or more.
(f) Any person, organization or entity making independent
expenditures advocating the defeat of a participating candidate or
the nomination or election of any candidate who is opposed by a
participating candidate in excess of one thousand dollars in the
aggregate shall report such expenditures to the Commission on
approved forms within forty-eight hours of the expenditure. The
Commission shall establish by legislative rule a reporting form
which shall state the name of the person or entity making the
independent expenditures, the names of and office for which the
candidates are seeking election, whether expenditure advocated the
nomination, election or defeat of a particular candidate, and the
name of any candidate who stands to benefit from the independent
expenditures.§3-12-16. Matching funds.
(a) If the Commission determines that a non-participating
candidate's campaign expenditures or obligations have exceeded by
one thousand dollars the maximum funding available under this
article to any certified participating candidate running for the same office, the Commission shall release additional campaign
financing funds to the participating candidate in an amount equal
to the excess expenditures.
(b) If the Commission determines that independent expenditures
on behalf of a non-participating candidate, either alone or in
combination with the non-participating candidate's campaign
expenditures or obligations, have exceeded by one thousand dollars
the maximum funding available under this article to any certified
participating candidate running for the same office, the Commission
shall immediately release additional campaign financing funds to
the participating candidate in an amount equal to the excess
independent expenditures.
(c) If the Commission determines that independent expenditures
on behalf of a participating candidate, in combination with the
participating candidate's campaign expenditures or obligations,
exceed by one thousand dollars the maximum funding available under
this article to any certified participating candidate running for
the same office, the Commission shall immediately release
additional campaign financing funds to any other participating
candidate who is an opponent for the same office in an amount equal
to the excess expenditures.
(d) Matching funds paid out to a participating candidate under
this section are limited to two times the maximum amount of public
campaign financing initially available to a participating candidate for the same office pursuant to section twelve of this article.§3-12-17. Duties of the Commission.

(a) In addition to its other duties, the Commission shall:

(1) Prescribe forms for reports, statements, notices and other
documents required by this article;
(2) Prepare and publish information about this article and
provide it to potential candidates and the citizens of this state;
(3) Prepare and publish instructions setting forth methods of
bookkeeping and preservation of records to facilitate compliance
with this article and explaining the duties of candidates and
others participating in elections under the provisions of this
article;
(4) Make a report to the Legislature accounting for moneys in
the fund, describing the Commission's activities, and listing any
recommendations for changes of law, administration, or funding
amounts;
(5) Enforce the provisions of this article to ensure that
moneys from the fund are placed in candidate campaign accounts or
otherwise spent as specified in this article;
(6) Monitor reports filed pursuant to this article and the
financial records of candidates to ensure that qualified candidates
receive equalization moneys promptly and to ensure that moneys
required by this article to be paid to the fund are deposited in
the fund.
(7) Cause an audit of the fund to be conducted by independent
certified public accountants ninety days after a general election.
The Commission shall cooperate with the audit, provide all
necessary documentation and financial records to the auditor and
maintain a record of all information supplied by the audit.
(8) Insure public access to the campaign finance reports
required pursuant to this article and, wherever possible, shall use
electronic means for the reporting, storing and display of such
information; and
(9) Prepare a voter's guide for the general public for each of
the elections in which certified candidates are seeking office in
two thousand six. The guide shall list the names of each candidate
seeking office at that election and both certified candidates and
nonparticipating candidates shall be invited by the Commission to
submit a statement, not to exceed 500 words in length for inclusion
in the guide. It shall identify the candidates that are certified
candidates and the candidates that are nonparticipating candidates.
Copies of the guide shall be posted on the web site of the
Commission as soon as may be practicable.
(b) To fulfill its responsibilities under this article, the
Commission may subpoena witnesses, compel their attendance and
testimony, administer oaths and affirmations, take evidence and
require by subpoena the production of any books, papers, records,
or other items material to the performance of the Commission's duties or the exercise of its powers. The Commission may also
propose and adopt procedural rules to carry out the purposes and
provisions of this article and to govern procedures of the
Commission. §3-12-18. Criminal penalties.(a) A participating candidate who, either personally or
through his or her committee, knowingly accepts contributions or
benefits in excess of those allowed under this article, spends or
obligates funds in excess of the public campaign financing funding
to which they are entitled, or uses such benefits or funding for a
purpose other than those permitted under this article is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars, or confined
in the county or regional jail for up to thirty days, or both fined
and imprisoned.
(b) A participating candidate who, either personally or
through his or her committee or financial agent, provides false
information to or conceals or withholds information from the
Commission is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one thousand dollars nor more than ten
thousand dollars, or confined in the county or regional jail for up
to one year, or both fined and imprisoned.§3-12-19. Civil penalties.
(a) If a participating candidate or his or her committee of financial agent unintentionally accepts contributions from a
private source in violation of the provisions of this article or
spends or obligates to spend more than the amount of public
financing money he or she is eligible to receive from the fund
pursuant to section twelve of this article, the Commission may
order the candidate to pay to the Commission an amount equal to the
amount of the private contribution or excess expenditure or
obligation.
(b) If a participating candidate or his or her committee or
financial agent intentionally accepts contributions from a private
source in violation of this article or spends or obligates more
than the amount of public campaign financing he or she is eligible
to receive from the fund, the Commission shall order the candidate
to pay to the Commission an amount equal to ten times the amount of
the private contribution accepted or of the excess spent or
obligated. The candidate shall pay the civil penalty authorized
under this subsection within seven days of receipt of written
notice from the Commission of the imposition of the penalty.
(c) If a participating candidate fails to pay any moneys
required to be paid to the Commission or returned to the fund under
this article, the Commission may order the candidate to pay an
amount equal to three times the amount that should have been paid
to the Commission or returned to the fund.
(d) In addition to any other penalties imposed by law, the Commission may impose a civil penalty for a violation by or on
behalf of any candidate of any reporting requirement imposed by
this article in the amount of one hundred dollars per day. The
penalty shall be doubled if the amount not reported for a specific
election exceeds ten percent of the amount of public financing
available to a candidate in a primary or general election pursuant
to sections eleven and fourteen of this article.
(e) All penalties collected by the Commission pursuant to this
section shall be deposited into the fund. The candidate and the
candidate's campaign account are jointly and severally responsible
for the payment of any penalty imposed pursuant to this section.§3-12-20. West Virginia Citizens' Publicly Financed Elections
Commission.(a) There is established a Commission, to be known as the West
Virginia Citizens' Publicly Financed Elections Commission, to
consist of seven members. The Governor shall appoint one person who
is a member of the public, and the Senate President and the Speaker
of the House of Delegates shall each appoint one person, each of
whom are members of the public. No more than two of the public
members shall be members of the same political party. The Senate
President shall appoint one member of the Senate, who shall be a
member of the same political party as the Senate President. The
Senate Minority Leader shall appoint one member of the Senate, who
shall be a member of the same political party as the Senate Minority Leader. The Speaker of the House of Delegates shall
appoint one member of the House of Delegates, who shall be a member
of the same political party as the Speaker. The Minority Leader of
the House of Delegates shall appoint one member of the House of
Delegates who shall be a member of the same political party as the
House of Delegates Minority Leader. A vacancy in the membership of
the WVCPFEC shall be filled in the same manner in which the
original appointment was made.
(b) The members of the WVCPFEC shall be appointed no later
than the thirtieth day of January, two thousand six and shall hold
their initial organizational meeting no later than the first day of
March, two thousand six. The members shall elect one of the members
to serve as chair and the chair may appoint a secretary, who need
not be a member of the WVCPFEC. The members of the WVCPFEC shall
serve without compensation, but shall be eligible for reimbursement
for necessary and reasonable expenses incurred in the performance
of their official duties within the limits of funds appropriated or
otherwise made available to the WVCPFEC.
(c) The WVCPFEC shall meet at the call of the chair. The
WVCPFEC shall elicit testimony from the public at such times and
places as the chair shall designate and shall hold at least one
public hearing following the two thousand six general election. A
meeting of the WVCPFEC shall be called at the request of four of
the WVCPFEC's members and four members of the WVCPFEC shall constitute a quorum at any meeting thereof.
(d) It shall be the duty of the WVCPFEC to:
(1) examine the experience, both positive and negative, of the
West Virginia Public Campaign Financing Pilot Project with respect
to the two thousand six election;
(2) review and recommend criteria for selecting districts to
participate in the pilot project in two thousand eight and provide
information to candidates in those districts seeking nomination for
election;
(3) examine the feasibility of establishing the West Virginia
Public Campaign Financing Pilot Project as the public financing
system for candidates for all state senate and delegate districts
in this State; and
(4) consider such other matters relating to the issue of
publicly financed elections and campaign finance as the members of
the WVCPFEC may deem appropriate.
(e) The WVCPFEC shall be entitled to call to its assistance
and avail itself of the services of the Commission, as it may
require and as may be available for its purposes, and to employ
stenographic and clerical assistance.
(f) The WVCPFEC shall issue a final report to the Legislature
on its findings and recommendations relative to the pilot project
with respect to the two thousand six general election, including,
but not limited to, any suggestions for changes in the project for the two thousand eight primary and general elections, no later than
the ninetieth day following the day of the two thousand six general
election and the final report may contain such legislation as
prepared by the WVCPFEC and recommended thereby for enactment.§3-12-21.Effective Date and Termination of Pilot Project.The provisions of this article are effective the first day of
July, two thousand five. The provisions of this article shall
terminate on the first day of April, two thousand seven, unless
sooner terminated, continued or reestablished.

NOTE: The purpose of this bill is to create a system for
public funding of election campaigns for candidates who agree to
and do abide by restrictions on campaign contributions from private
sources and campaign spending.

This article is new; therefore, strike-throughs and
underscoring have been omitted.